Perfect 10 Inc v. Google Inc et al

Filing 439

DECLARATION of Jeffrey N. Mausner In Support Of MOTION for Summary Judgment as to Copyright Infringement #436 filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Jeffrey N. Mausner (State Bar No. 122385) Law Offices of Jeffrey N. Mausner Warner Center Towers 21800 Oxnard Street, Suite 910 Woodland Hills, California 91367-3640 Email: [e-mail] Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Perfect 10, Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx)

DECLARATION OF JEFFREY N. MAUSNER IN SUPPORT OF PERFECT 10'S MOTION FOR GOOGLE, INC., a corporation; and SUMMARY JUDGMENT AND DOES 1 through 100, inclusive, SUMMARY ADJUDICATION AGAINST DEFENDANT GOOGLE, Defendant. ______________________________ INC. v. AND CONSOLIDATED CASE. Date: August 17, 2009 Time: 10:00 a.m. Place: Courtroom 14, Courtroom of the Honorable A. Howard Matz Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Declaration of Jeffrey N. Mausner in Support of Perfect 10's Motion for Summary Judgment and Summary Adjudication Against Google, Inc.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Jeffrey N. Mausner, declare as follows: 1. I am a member of the State Bar of California and admitted to practice before this Court. I am counsel of record for Plaintiff Perfect 10, Inc. ("Perfect 10") in this action. All of the matters stated herein are of my own personal knowledge, except where otherwise stated, and if called as a witness, I could and would testify competently thereto. I make this declaration in support of Perfect 10's Motion for Summary Judgment and Summary Adjudication Against Defendant Google, Inc. 2. Attached as Exhibit A is a true and correct copy of this Court's Order dated May 8, 2006, Docket No. 161, with Paragraph 9, entitled "Notification System," highlighted. 3. Attached as Exhibit B is a true and correct copy of a letter I received from Google's counsel, Rachel Herrick Kassabian, dated May 20, 2009, with portions highlighted. 4. Attached as Exhibit C are true and correct copies of articles and some of the related comments, regarding Google's lack of compliance with DMCA procedures. These articles were printed from the websites indicated by the URL in the footer of each page, on the date shown. Portions of the articles and comments have been highlighted. 5. I took the deposition of Microsoft's DMCA agent, Judy Weston, on May 28, 2008. Attached hereto as Exhibit D is a true and correct copy of portions from the transcript of that deposition, with portions highlighted. 6. I took the deposition of Google's expert, Dr. John R. Levine, on February 28, 2007. Attached hereto as Exhibit E is a true and correct copy of portions from the transcript of that deposition, with portions highlighted. 7. 8. Attached as Exhibit F is a true and correct copy of this Court's Order I took the Rule 30(b)(6) deposition of Alexa Internet on September 1 dated May 13, 2008, Docket No. 294, with portions highlighted.

Declaration of Jeffrey N. Mausner in Support of Perfect 10's Motion for Summary Judgment and Summary Adjudication Against Google, Inc.

Exhibit A

Case 2:04-cv-09484-AHM-SH

Document 161

Filed 05/08/2006

Page 1 of 7

".

'.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
v.
ENTERED . CLERt<, U.S. DISTRICT eQURl

FILED CLERK, U.S. DISTRiCT CQlJR1 I, .1
.,' .,

MAY - 8 2lDl
CENTRAL

,
I.
(

.

,

MAY
,y

~ 2006

J
')

BY

t

r VII\}

1M ...... CALIFORNIA

DEPUTY

CfNf~L \)ISJ:IIlC'/ A F CALIFORNIA BY < I )~ DEPUTY

Priority Send Enter Closed JS-5IJS-6 _ JS-2IJS-3 _ Scan O n l y _

~

--17"

UNITED S T A T E S D I S T R I C T C O U R T CENTRAL D I S T R I C T O F C A L I F O R N I A

PERFECT 10, Inc. Plaintiff, GOOGLE, INC., et at. Defendants.

CASE NO. CV 04-9484 AHM (SHx) consolidated with CASE NO. CV 05-4753 AHM (SHx) PRELIMINARY ORDER INJUNCTION

THIS CONSTITUTES NOTICE OF ENTRY AS REQUIRED BY FRCp, RULE 77(d).

Having considered all of